Evicting a family member with no tenancy?

need_an_answer

Hes refusing viewings,but whats his position on wanting to stay?

Ask him bluntly what he wants to move out,you need to have that conversation and he needs to realise that at some point he will need to move.

get an understanding of how he sees things going forward and you'll be in a better position to tackle it.

As it stands at the moment without allowing viewings its unlikely to see unless you market the property well under its value and with a sitting tenant.
Explain to him you are prepared to do that and Its my guess he will take a cash bribe to leave

macman

There is no point in serving an S21 until you have properly regulated the tenancy. EPC and, critically, a GSC. If he reports the absence of the latter, then you face an unlimited fine and potentially a prison sentence. The fact that you've not supplied a GSC in ten years, when the law requires an annual inspection, increases the likelihood of a heavier fine. Saying that 'you didn't know it was illegal' is not a valid defence. There is no such thing as an 'official' tenancy agreement: there is either a legal tenancy or there is not, and there is no requirement for it to be written.
I suspect that he is waiting for you to serve an S21 and then get him evicted in order that he can claim emergency housing. However, this isn't going to work, as the S21 will be invalid. So, as others suggest, you are going to have to pay him off. And, if he is aware that he holds all the cards, that is not going to be cheap.
Alternatively, you can sell with a sitting tenant, but of course you will take a big hit on the price.
I find it most unlikely that your mortgage terms allow you to rent to a family member, even if they allow you to rent the property, so you really need to check the terms.
Finally, does your buildings insurer know the property is tenanted? If not, your policy will be invalid.

chunkytfg

SpiderLegs wrote: »

The first thing you should do is issue a s.13 to raise the rent to market rates.

Assuming it isn't the correct way to increase rent while you have this verbal TA then yes do this. Raise the rent to the standard market rate as soon as you can

Silvertabby

Further to previous comments about housing benefit, I'm reasonably sure that he couldn't have claimed that without producing - from whatever source - a written tenancy agreement.

wesleyad

Really your best bet is to make sure you get everything in order right now. Get the EPC (£40) and Gas (60-120 depending on area and appliances) done straight away. Draw up an actual written AST. Raise rent to market value. Then in 6 months serve S21.

As Macman says, is it possible he is relying on being rehomed by council? If so they will tell him to wait for eviction.

babyblade41

So the benefit goes straight to him rather than you as you only know about it through him .?

I'm finding it very difficult to understand that this has been awarded without an AST and wondered if he had printed one off from the internet with an over inflated rental amount.

It just doesn't sound feasible

One other thing , did you state to the EA that it would be sold with vacant possession,? he would have to sign the form in the legal bumf that he would be vacating the property on exchange/completion

Either way you need to do the right thing now and get everything in place .. a TA , all the safety certs, the little rental handbook, EPC if one hasn't been done .

You will soon find out what he's been doing when the new rent goes up , there could be major implications with him and the benefit office

I think you would be looking at a long time to get him out legally with a section 21 or even S8 if he can't afford the new rental amount as all this takes time

He probably knows this so either do everything above or expect an amount to pay him but that will be a difficult conversation to have and will probably destroy any relationship in the future

Renting to family members is OK as long as the relationship is understood from the start it is a business arrangement and all that entails including paying rent on time and evicting if it isn't

Sadly this doesn't work out in many cases, taking a family member to court is upsetting and the repercussions are huge and long term

Keep us updated as things progress as many people will be in or will be in future this situation

There are a lot of knowledgeable people on here , they won't soft soap you but will give valuable help to move forward.

I had a rental property company and did have a very close family member rent from me and yes I did evict but it took a long time especially as the tenant was told to stay put until bailiffs arrived .

Thankfully everything was in place with the correct docs and safety certs so the day in court was fairly quick as I'd complied with everything .

Good luck on moving forward

theartfullodger

Ask council for copy of evidence he provided for tenancy. Might prove useful.

xylophone

Explain to your brother that if he wants to stay, your own financial situation demands that he pays full market rent?

Regularise the situation as other posters have mentioned and issue the notice of rent increase?

Rethink your situation once you are "legal"?

Slinky

No good deed goes unpunished.


Does your brother have a better nature. Can you not appeal to it that he's had all this time paying a below market rent, you've done him a favour for years, it's time for him to respect that and let you have your property back.

csgohan4

Slinky wrote: »

No good deed goes unpunished.


Does your brother have a better nature. Can you not appeal to it that he's had all this time paying a below market rent, you've done him a favour for years, it's time for him to respect that and let you have your property back.

Sadly it's human nature and he will likely disregard family values and think of himself with him being homeless as a result.

Morally he ought to go, but he will likely take every legal route to stay there, OP be prepared to lose alot of money/time getting him out

To those who read this in future, don't rent to relatives, it will only end one way and good intentions can turn sour and as a LL you have more to lose